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MATTER OF UNIFICATION THEOLOGICAL SEMINARY v. CITY OF POUGHKEEPSIE

201 A.D.2d 484 (1994)

607 N.Y.S.2d 383

In the Matter of Unification Theological Seminary et al., Appellants, v. City of Poughkeepsie, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 1994

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Zoning ordinances are presumed to be constitutional, and the burden is on the the party challenging an ordinance to prove its unconstitutionality beyond a reasonable doubt (see, McMinn v Town of Oyster Bay, 66 N.Y.2d 544, 548). A zoning ordinance is a valid exercise of the City's police power if it (1) was enacted in furtherance of a legitimate...

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